The Role of the State

Can Computational Tools Revitalize Antitrust Enforcement?

Companies increasingly use sophisticated computational tools to compete, particularly in digital markets. Giovanna Massarotto outlines how antitrust agencies must similarly modernize and adopt advanced technologies to address complex antitrust enforcement challenges effectively and remain relevant.

The Convoluted Regulatory Regime for M&A Assessments in the US

What happens when the goals of antitrust enforcers clash with regulators focused on issues of national security and public interest? A forthcoming book by Ioannis Kokkoris, Public Interest Considerations in US Merger Control, explores these tensions in the United States regulatory framework.

Was Microsoft’s “Polluted Java” a presumptively legal improved product design?

Section 2 defendants often interpret the holdings of the United States Court of Appeals for the District of Columbia in U.S. v Microsoft Corp...

The Classic Theory of Albert O. Hirschman Argues Against the US Chamber’s Case for Non-Competes

Drawing on the theory of Albert O. Hirschman’s  Exit, Voice, and Loyalty, Brian Callaci argues non-compete clauses stifle the important channels of communication between employees and businesses necessary for improving firm competitiveness. The evidence also shows that, despite claims from businesses, non-competes harm rather than reward employees for their loyalty. 

AI For the Antitrust Regulator

Cary Coglianese lays out the potential, and the considerations, for antitrust regulators to use machine learning and artificial intelligence algorithms.

Creation over Time in Copyright and Patent

On May 18, the United States Supreme Court decided two intellectual property cases with two seemingly different results. A closer look, however, reveals a complimentary concern with the monopolistic power of first movers and how the legal system should enable innovation from second movers over time, writes Randy Picker.

Reregulate.

Lee Hepner and William J. McGee respond to Clifford Winston’s ProMarket piece asserting that further deregulation of the airline industry would resolve problems in the industry. Instead, the authors claim a return to regulation would produce better results for travelers.

A World With Far Fewer Mergers

Brooke Fox and Walter Frick analyze research and ideas presented at the Stigler Center Antitrust and Competition Conference that question the value of mergers.

The Banking Risks of Central Bank Digital Currencies

The implementation of central bank digital currencies as the primary medium of exchange would exacerbate the flaws of our current fiat system which encourage banks to overextend credit and create liabilities that they cannot redeem. This will worsen the already recurring cycles of financial crises, writes Vibhu Vikramaditya.

The Whig History of the Merger Guidelines

A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their inception in...

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